Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1887-03-15
The Special Session.

In discussing the powero of the Leg
isiature at the called session to enter
upon the business of eteeting Sem
ator, there are to be construed and
the law of Congress, the
of the United States, and
the constitution of West Virginia.
The act of Congress does not seem to
contemplate an election by any but
the regular session of the Legislature.
1t declares that the Legislature of
each State which is chosen. next pre-
ceding the expiration of the time for
which any Senator was elected to re-
present such State in Congress shall,
on the second Tuesday after the meet
ing and organization thereof, proceed
to elect Senator. in Congress.
Our Legislature was organized on
the 18th of January, and met in joint
assembly, as directed by the Act,
on the second Tuesday thereafter,
and balloted on "each succeeding
day during the session of the Legisla-
ture' as required by the Act. The
special session cannot comply with
the Act. because it was organized on
the 18th of January last, and has not
met in Joint Assembly on each sue
ceeding day, as the Act requires
The Joint Assembly being the crea-
ture of the Act, it has and can have
no existence when the Act does not
apply.
In regard to the Constitution Of the
United States, its provision is
"If vacancies happen by resignation or other
,cise during the recess of the Legislature of any
State. the Executive thereof may make tenn
porary appointments until the next meeting of
the Legislature, which shall then I'LL such ia
cdncies."
This section has been construed by
the Act of Congress of July 25, 1886,
which declares: {: Whenever on the
meeting of the Legislature of any
State vacancy exists in the repre-
sentation of such State in the Senate,
the Legislature shall proceed, on the
second Tuesday after meeting and
organization, to elect a person to fill
such vacancy, in the manner pre-
scribed in the preceding section for
the election of a Senator for full
term"
The Act evidently does not contem-
plate any election by mere called
session, which has no new organiza-
ton. The Legislature having COM
piled with the Act OF Congress, and
failed to elect, has exhausted its
power under the Act, and can not re-
assemble for any such purpose.
The commission of Mr.. Lucas reads
" until the next meeting Of the Leg
islature of said State Aauing authority
to fill said vacancy."
Our State constitution defines the
power of the called session, and
declares it has no authority to I'LL said
uacancy. unless called for that pur-
pose under the Governors proclama-
ton. The Governor having declined
to authorize any such " business" in
his proclamation, it is plain that there
is really no uacancy, and ,Dh be none
until the regular session Of 1889.
BY the terms "the Legislature"
the Constitution OF the United States,
as quoted above, does not refer to a
restricted, special Legislature, but to
one having general legislative pow
ers. And this, as we have seen, is
the construction placed upon it by
the Act of Congress. This is beyond
question the correct view. It is Gov.
Wilson'S view. and we believe he will
issue no certificate of election if the
called session should undertake to
elect.